Hiring Foreign Workers: Frequently Asked Questions

At workplaces that employ foreign workers, problems arise more often from reporting deadlines than from hiring itself. We have compiled employers' questions based on the relevant laws.

44 questions ·

Employment permit process & requirements 12

QWhat must I do first to hire a foreign worker?

An employer who wishes to hire a foreign worker under the Employment Permit System must first apply to a public employment service agency, such as an Employment Center, to recruit Korean workers. Only if no Korean worker can be found does the employer then apply for an employment permit for a foreign worker.

Legal basis: Act on the Employment of Foreign Workers, Article 6(1)

QCan I immediately hire a foreigner who was working at another company?

Employing a foreigner who has not obtained permission to change workplace (or, depending on the case, filed a report) is prohibited. Before hiring, first check the status of stay on the residence card and whether the workplace change procedure has been completed.

Legal basis: Immigration Act, Article 21(2)

QCan an administrative agent arrange foreign workers for me?

The selection and placement of workers under the Employment Permit System (E-9) and of Working Visit (H-2) workers can be carried out only by public institutions such as Employment Centers, so private parties cannot arrange them. This office prepares employment permit applications and their supporting documents, and for employment change reports and status of stay matters, prepares the documents and files them with the immigration office on your behalf.

Legal basis: Act on the Employment of Foreign Workers, Article 8(6)

QFor how many days must I try to recruit Korean workers before applying for an employment permit?

In principle, 7 days. You can apply for an employment permit for a foreign worker if you applied to the Employment Center to recruit Korean workers and made recruitment efforts for 7 days or more but could not hire a Korean worker, and you must apply within 3 months after the recruitment period ends. The period can be shortened to 3 days if the Employment Center recognizes the employer's active recruitment efforts, or if the employer, in addition to recruiting through the Employment Center, publicized the job opening for 3 days or more through daily newspapers, periodicals, or broadcasting. You do not meet the employment permit requirements if you refused without a justifiable reason to hire referred Korean workers 2 or more times, made Korean workers leave their jobs through employment adjustment from 2 months before the recruitment application, or have had unpaid wages from 5 months before.

Legal basis: Act on the Employment of Foreign Workers, Article 6(1); Enforcement Decree of the Act on the Employment of Foreign Workers, Article 13-4, subparagraphs 2 to 4; Enforcement Rule of the Act on the Employment of Foreign Workers, Article 5(1), Article 5-2

QIn what cases is hiring foreign workers restricted?

An employer who hired foreign workers without an employment permit, whose employment permit was cancelled, or who was punished for violating the Act on the Employment of Foreign Workers or the Immigration Act may be restricted from hiring foreign workers for 3 years from the date of the event. The same applies if the employer made Korean workers leave their jobs through employment adjustment within 6 months from the date the employment permit was received (or the date work began), had a foreign worker work outside the workplace stated in the labor contract, terminated the contract without unavoidable reasons after concluding it but before the worker completed employment training, or was punished under the Occupational Safety and Health Act in connection with the death of a foreign worker. If hiring is restricted, the employer is notified.

Legal basis: Act on the Employment of Foreign Workers, Article 20(1) and (2); Enforcement Decree of the Act on the Employment of Foreign Workers, Article 25, subparagraphs 1 to 3

QBy when must I conclude a labor contract after receiving an employment permit?

You must conclude a labor contract with the foreign worker, using the standard labor contract prescribed by Ordinance of the Ministry of Employment and Labor, within 3 months from the date the employment permit is issued. You may have HRD Korea (Human Resources Development Service of Korea) conclude the labor contract on your behalf. If the contract could not be concluded due to unavoidable reasons such as the worker's death, or if after the contract the worker becomes unable to start work for reasons not attributable to the employer, the Employment Center recommends another worker and reissues the employment permit.

Legal basis: Act on the Employment of Foreign Workers, Article 9(1) and (2); Enforcement Decree of the Act on the Employment of Foreign Workers, Article 14(1) and (2)

QWhat happens to the contract with a foreign worker if the employment permit is cancelled?

You must terminate the labor contract with that foreign worker within 15 days from the date the employment permit was cancelled. Grounds for cancellation are obtaining the permit by false or fraudulent means, violating the wages or working conditions agreed before entry, or violating labor laws, such as through unpaid wages, to the point that the labor contract is difficult to maintain. An employer whose employment permit has been cancelled may then be restricted from hiring foreign workers for a certain period, so it is important to comply with the contract terms.

Legal basis: Act on the Employment of Foreign Workers, Article 19(1) and (2), Article 20(1)

QDo I need an employment permit to hire a foreigner on a Marriage Migrant (F-6) or Overseas Korean (F-4) visa?

No. Foreigners who are not subject to activity restrictions based on their status of stay are excluded from the employment permit requirement under the Act on the Employment of Foreign Workers; this includes Marriage Migrant (F-6), Permanent Resident (F-5), some Residential (F-2), and Overseas Korean (F-4). However, Overseas Koreans (F-4) cannot work in simple labor occupations under the Korean Standard Classification of Occupations or in work contrary to social order, such as at speculative gaming establishments or as entertainment hosts at adult entertainment bars, so check the duties you plan to assign first. There is an exception to the simple labor restriction for persons who live or work in a population decline area and are recognized by the Minister of Justice.

Legal basis: Act on the Employment of Foreign Workers, Article 2, proviso; Enforcement Decree of the Act on the Employment of Foreign Workers, Article 2, subparagraph 2; Immigration Act, Article 10-3(1); Enforcement Decree of the Immigration Act, Article 23(2) and (3); Enforcement Rule of the Immigration Act, Article 27-2

QHow is the labor contract period with an E-9 worker set, and is separate permission needed when it is renewed?

It is set for a period agreed between the employer and the worker within the period of employment activities (3 years from the date of entry), and it may be renewed within the same range. The labor contract takes effect on the date the worker enters Korea. An employer who renews the labor contract, or who concludes a new labor contract because the period of employment activities was extended through re-employment, must obtain permission to extend the employment permit period from the employment center (employment security office).

Legal basis: Act on the Employment of Foreign Workers, Articles 9(3) and (4) and 18; Enforcement Decree of the same Act, Article 17(1) and (2)

QCan I sign an E-9 worker's contract on my company's own form?

No. To employ a foreign worker selected under the employment permit system, you must use the standard employment contract set by Ministry of Employment and Labor ordinance, and not using it is subject to a fine for negligence of up to 5,000,000 won. The conclusion of the employment contract can be delegated to the Human Resources Development Service of Korea.

Legal basis: Act on the Employment of Foreign Workers, Articles 9(1) and (2) and 32(1)1

QCan I name a specific foreign national I know abroad and bring them in as an E-9 worker?

As a rule, no. Under the Employment Permit System, a public employment security office such as the Employment Center recommends qualified candidates from the foreign job-seeker roster, which the Ministry of Employment and Labor prepares in consultation with the government agency of the sending country, and the employer selects from those recommended and receives an employment permit. No one other than a public employment security office may take part in selecting, placing or otherwise recruiting foreign workers. However, the special re-entry provision, under which the same employer applies before departure for an employment permit after re-entry and re-hires a worker who has completed the extended employment period, can be used if the requirements are met.

Legal basis: Act on the Employment of Foreign Workers, Article 7(1), Article 8(3), (4) and (6), and Article 18-4(1)

QCan I hire a foreign national staying on a miscellaneous (G-1) visa?

Not as is. Miscellaneous (G-1) is not a status of stay that allows employment, so the foreign national must first obtain permission for activities outside their status of stay to work. An employer who hires someone without an employment status of stay or that permission faces imprisonment of up to 3 years or a fine of up to 30,000,000 won. The immigration office decides on the permission based on the reason for stay and the intended work, so check the permission before hiring.

Legal basis: Immigration Act, Article 18(1) and (3), Article 20 and Article 94 subparagraph 9; Enforcement Decree of the Immigration Act, Article 23(1)

E-9 stay, workplace change & re-employment 9

QHow many years can an E-9 worker work in Korea?

They can work for up to 3 years from the date of entry. If, before the worker leaves Korea at the end of the 3 years, the employer requests re-employment permission from the Minister of Employment and Labor, the employment period can be extended once only, by less than 2 years.

Legal basis: Act on the Employment of Foreign Workers, Article 18, Article 18-2(1)

QHow many times can an E-9 worker change workplaces?

In principle, no more than 3 times during the initial employment period (3 years) and no more than 2 times during the period extended through re-employment. However, changes made in accordance with the public notice for reasons not attributable to the worker, such as business suspension or closure, cancellation of the employment permit, or the employer's violation of working conditions or unfair treatment, are not counted.

Legal basis: Act on the Employment of Foreign Workers, Article 25(1), subparagraph 2, and Article 25(4)

QBy when must an E-9 worker who has applied for a workplace change find a new workplace?

The worker must obtain permission to change workplace within 3 months from the date of applying for the change, and if the worker does not apply for a change within 1 month from the date the labor contract ended, they must leave Korea. If the worker could not apply or obtain permission because of an occupational injury or illness, pregnancy, childbirth, or similar reasons, the period is counted from the date the reason ceased. The new employer also goes through the application to recruit Korean workers and the employment permit procedure.

Legal basis: Act on the Employment of Foreign Workers, Article 25(2) and (3)

QBy when must I apply for re-employment of an E-9 worker (extension of the employment period)?

The employer must submit an application to extend the employment period of a worker whose employment period is expiring to the Employment Center (public employment service agency) with jurisdiction over the business location at least 7 days before the worker's employment period expires. Workers with 1 month or more remaining on their labor contract as of the expiry date are eligible, and copies of the residence card, passport, and standard labor contract are attached. If the requirements are met, the Employment Center issues a confirmation of extension within 7 days from the date of receipt, and the extension is allowed once only, for less than 2 years.

Legal basis: Act on the Employment of Foreign Workers, Article 18-2(1); Enforcement Rule of the Act on the Employment of Foreign Workers, Article 14-2(1) and (3)

QCan I hire an E-9 worker again after they have completed the re-employment period?

Yes, if the requirements are met. Normally the worker can work in Korea again only after 6 months have passed from the date of departure, but if the employer applies for an employment permit for after re-entry at least 7 days before the extended employment period expires, the worker can return to work after 1 month has passed from the date of departure. The requirements are that the worker did not change workplaces during the employment period (exception criteria apply to changes not attributable to the worker, etc.), that the worker is working at a workplace in an industry and of a size designated as having difficulty finding Korean workers, and that a labor contract of 1 year or more has been concluded for after re-entry. In this case, the procedure for recruiting Korean workers does not apply, and employment after re-entry is allowed once only.

Legal basis: Act on the Employment of Foreign Workers, Article 18-3, Article 18-4(1) to (3); Enforcement Rule of the Act on the Employment of Foreign Workers, Article 14-3(1)

QCan I bring back on an E-9 visa a foreigner who previously worked in Korea on E-9 for 5 years or more?

No. If a person has stayed in Korea for 5 years or more under the Non-professional Employment (E-9) status of stay, an E-9 Certificate for Confirmation of Visa Issuance is not issued, and the same applies if the total, including time spent under Crew Employment (E-10), is 5 years or more. However, periods by which the employment period was extended at the employer's request for re-employment are not counted toward these 5 years.

Legal basis: Enforcement Rule of the Immigration Act, Article 17-3(3)

QIn what cases can an E-9 worker apply to change workplaces?

Only when a reason set by law applies. These are: the employer terminates the employment contract or refuses renewal for a justifiable reason; the Minister of Employment and Labor has announced that the worker cannot continue working there for reasons not attributable to the worker, such as business suspension or closure, cancellation of the employment permit, violation of working conditions or unfair treatment; or the worker cannot continue at that workplace due to injury but can work elsewhere. The worker must apply within 1 month from the end of the employment contract and must leave Korea if a change of workplace permission is not granted within 3 months from the application.

Legal basis: Act on the Employment of Foreign Workers, Article 25(1) and (3); Enforcement Decree of the same Act, Article 30(1)

QCan an E-9 worker bring family members on a dependent family (F-3) visa?

No. Dependent family (F-3) status is granted to the spouse and unmarried minor children of people holding Culture and Arts (D-1), Study (D-2), General Training (D-4) through Special Activities (E-7), Residence (F-2), Overseas Korean (F-4) or Working Visit (H-2) status, and Non-professional Employment (E-9) is not included. Therefore, an E-9 worker cannot invite a spouse or children on F-3 status. After the worker obtains a change of status permission to a status eligible for dependents, such as Special Activities (E-7), an F-3 invitation can be considered based on that status.

Legal basis: Enforcement Decree of the Immigration Act, Article 12 and Annex 1-2, No. 25

QMust an E-9 (non-professional employment) worker who re-entered under the special re-entry rule take employment training and complete foreigner registration again?

Employment training does not need to be repeated, but foreigner registration must be completed again. The foreign worker employment training provision does not apply to a non-professional employment (E-9) worker re-employed under the special re-entry rule. However, if the worker returned the foreigner registration card when leaving without a re-entry permit, the worker must register at the immigration office with jurisdiction over the place of residence within 90 days from the date of entry to stay longer than 90 days.

Legal basis: Act on the Employment of Foreign Workers, Article 11, Article 18-4(2); Immigration Act, Article 31(1), Article 37(1)

Resignation & absence reports 5

QDo I need to file a report if a foreign worker resigns or their contract changes?

Yes. If you terminate the labor contract of a worker hired under the Employment Permit System (E-9, etc.) or important matters relating to the employment change, you must file a report of employment changes with the Employment Center (public employment service agency) having jurisdiction over the workplace within 15 days from the date the event occurred or the date you became aware of it. If this report also covers a reporting requirement under the Immigration Act, it is deemed to have been filed with immigration as well.

Legal basis: Act on the Employment of Foreign Workers, Article 17; Enforcement Rule of the Act on the Employment of Foreign Workers, Article 14

QWhen a foreign employee on an E-7 or similar visa leaves the company, does the company have to report it to immigration?

Yes. A person who employs a foreigner holding a status of stay that permits employment must report to the immigration office having jurisdiction within 15 days if they dismiss the foreigner, if the foreigner resigns or dies, if the foreigner's whereabouts become unknown, or if important terms of the employment contract are changed. The deadline is counted from the date of dismissal or resignation, from the date the employer became aware of a death or unknown whereabouts, and from the date of change for a contract change. Changes to the employment contract period, a change of employer, representative, or workplace name, and relocation of the workplace are also subject to reporting, but some changes, such as a change of a corporation's representative, are excluded.

Legal basis: Immigration Act, Article 19(1); Enforcement Decree of the Immigration Act, Article 24(1) and (3)

QDo I need to report it if a foreign worker stops coming to work without notice?

Yes. If a foreign worker hired under the Employment Permit System is absent for 5 days or more without following proper procedures such as obtaining the employer's approval, or their whereabouts become unknown, this is a reason for a report of employment changes. The employer must submit a report of changes in the employment of foreign workers to the Employment Center (public employment service agency) with jurisdiction over the business location within 15 days from the date the event occurred or the date they became aware of it. The same deadline applies if the worker dies or has difficulty continuing to work due to injury or similar reasons, if the employer or the name of the workplace changes, or if the place of work moves without a change of employer.

Legal basis: Act on the Employment of Foreign Workers, Article 17(1); Enforcement Decree of the Act on the Employment of Foreign Workers, Article 23(1); Enforcement Rule of the Act on the Employment of Foreign Workers, Article 14

QDo I have to report if the company name changes or a foreign worker only moves to another work site?

Yes, it must be reported. A change in the name of the employer or workplace, or a change of work location without a change of employer, is among the employment change reporting grounds, just like terminating the employment contract or 5 or more days of unauthorized absence. Failing to report or reporting falsely is subject to a fine for negligence of up to 5,000,000 won.

Legal basis: Act on the Employment of Foreign Workers, Articles 17(1) and 32(1)7; Enforcement Decree of the same Act, Article 23(1)

QIf an overseas Korean (F-4) employee resigns, must the company report it to immigration?

It is not an employer reporting case under the Immigration Act. The duty to report dismissal or resignation to immigration within 15 days applies to employers of foreign nationals with a status of stay that allows employment, such as short-term employment (C-4), professor (E-1) through crew employment (E-10) and working visit (H-2); overseas Korean (F-4) is separately defined in the Enforcement Decree as a status not restricted by the activity categories, so it is not included. However, F-4 holders in principle still cannot do restricted work such as simple labor, so check the job duties when hiring, and handle reports under other laws, such as loss of social insurance eligibility, separately.

Legal basis: Immigration Act, Article 19(1); Enforcement Decree of the Immigration Act, Article 23(1) and (3)

Insurance & severance pay 7

QWhat insurance must I take out when I hire foreign workers?

The employer must take out departure guarantee insurance, to cover severance pay, and guarantee insurance, to cover unpaid wages, within 15 days from the date the labor contract takes effect. Departure guarantee insurance applies when a workplace covered by the retirement benefit system employs a worker with 1 year or more of employment period remaining, and guarantee insurance applies to workplaces not covered by the Wage Claim Guarantee Act or with fewer than 300 regular workers. Workers themselves must also take out casualty insurance at designated workplaces.

Legal basis: Act on the Employment of Foreign Workers, Articles 13 and 23; Enforcement Decree of the Act on the Employment of Foreign Workers, Article 21(1) and (2), Article 27

QWhen is a foreign worker's severance pay (departure guarantee insurance) paid?

Departure guarantee insurance or trust benefits are paid within 14 days from when the worker leaves Korea; if the worker applies because of a change of status of stay, death, or similar reasons, or applies after leaving Korea, they are paid within 14 days from the date of application. When an employer takes out departure guarantee insurance, it is deemed to have established a severance pay system, and premiums must be paid monthly. If the worker does not claim within 3 years from the date the payment reason arose, the claim is extinguished by prescription.

Legal basis: Act on the Employment of Foreign Workers, Article 13(1) to (4)

QIf the departure guarantee insurance payout is less than the severance pay, must the employer pay the difference?

Yes. If, when a foreign worker's employment ends or their status of stay changes, the lump sum from departure guarantee insurance or trust is less than the severance pay under the Employee Retirement Benefit Security Act, the employer must pay the difference. To check the difference, the employer or the worker may ask the insurer to confirm the lump-sum amount, and the insurer confirms it in writing without delay. Employers subject to the requirement must take out departure guarantee insurance within 15 days from the date the labor contract takes effect, and if the period of employment is less than 1 year, the accumulated lump sum reverts to the employer.

Legal basis: Act on the Employment of Foreign Workers, Article 13; Enforcement Decree of the Act on the Employment of Foreign Workers, Article 21(1) to (4)

QWho takes out return cost insurance and accident insurance for a foreign worker, and by when?

The foreign worker takes out both. Return cost insurance (or a trust) must be taken out within 3 months from the effective date of the labor contract, and accident insurance within 15 days. The amount payable for return cost insurance is announced by the Minister of Employment and Labor for each country and may be paid as a lump sum or in up to 3 installments; the worker may apply for payment of the lump sum when leaving Korea at the end of the period of stay or leaving before it ends for personal reasons. A worker who does not take out return cost insurance is subject to an administrative fine of up to KRW 5,000,000, so the employer should also check whether it has been taken out soon after the worker starts.

Legal basis: Act on the Employment of Foreign Workers, Articles 15(1), 23(2) and 32(1) subparagraph 6; Enforcement Decree of the same Act, Articles 22(1) through (3) and 28(2)

QCan a foreign worker receive industrial accident compensation if injured at work?

Yes. The Industrial Accident Compensation Insurance Act applies to every business that employs workers, and a worker under this Act means a worker under the Labor Standards Act, with no distinction by nationality. A foreign worker who suffers an occupational injury can therefore claim insurance benefits such as medical care benefits and temporary disability benefits. However, businesses specified by Presidential Decree in consideration of risk rate, size and location are excluded.

Legal basis: Industrial Accident Compensation Insurance Act, Article 5(2), Article 6

QDo foreign workers join the National Pension, and can they get their contributions back when they leave Korea?

Enrollment is the rule, and whether contributions are refunded depends on nationality and status of stay. A foreign national working at a workplace covered by the National Pension becomes a workplace-based insured person automatically, but is excluded if their home country's law does not apply an equivalent pension to Korean nationals, and persons staying without an extension of their period of stay are also excluded. A lump-sum refund is in principle not paid to foreign nationals, but foreign workers under the Act on the Employment of Foreign Workers, such as E-9 (Non-professional Employment) and H-2 (Working Visit), and nationals of countries whose law pays a lump sum to Koreans can receive it when a reason such as emigration arises.

Legal basis: National Pension Act, Article 77(1), Article 126(1) and (4), Enforcement Decree of the National Pension Act, Article 111

QBy when must an employer enroll in departure guarantee insurance for foreign workers, and what happens if they do not?

The employer must enroll within 15 days from the date the employment contract takes effect. It applies to employers at workplaces covered by retirement benefits who employ foreign workers with at least 1 year of employment period remaining, and the amount set by the Minister of Employment and Labor is set aside every month separately from wages. Failing to enroll is subject to a fine of up to 5,000,000 won, and being in arrears on monthly premiums 3 or more times is subject to an administrative fine of up to 5,000,000 won. If the period of service is less than 1 year, the accumulated lump sum reverts to the employer.

Legal basis: Act on the Employment of Foreign Workers, Article 13, Article 30 Item 1, Article 32(1)5; Enforcement Decree of the same Act, Article 21

Training & dormitories 3

QWhen do newly arrived foreign workers receive employment training, and who pays for it?

Within 15 days after entry, they must complete at least 16 hours of employment training at HRD Korea or a designated foreign worker training institution, and in principle the employer bears the training cost. The training covers the Employment Permit System, occupational safety and health, and related laws such as the Labor Standards Act and the Immigration Act. The employer must allow the worker to attend the training; failing to do so is subject to an administrative fine of up to KRW 5,000,000.

Legal basis: Act on the Employment of Foreign Workers, Article 11, Article 32(1), subparagraph 2; Enforcement Rule of the Act on the Employment of Foreign Workers, Article 10, Article 11(1) to (3)

QDo employers hiring foreign workers for the first time also have to complete training?

Yes. An employer who has received an employment permit for the first time must complete 6 hours of employer training within 6 months from the date the employment permit was first issued. The training can be taken in person or online, and covers the Employment Permit System, labor laws, occupational safety and health, immigration and stay management, and human rights protection such as prevention of sexual harassment in the workplace. Failing to complete it is subject to an administrative fine of up to KRW 5,000,000.

Legal basis: Act on the Employment of Foreign Workers, Article 11-2, Article 32(1), subparagraph 2-2; Enforcement Rule of the Act on the Employment of Foreign Workers, Article 11-2(1) to (4)

QIf I provide a dormitory to foreign workers, is there anything I must tell them in advance?

Yes. An employer providing a dormitory must inform the foreign worker in advance, when concluding the labor contract, of the dormitory's structure and facilities, location, living environment, floor area, and so on. If this information changes after the contract, the worker must be informed again. The dormitory must meet the dormitory standards of the Labor Standards Act and be operated so as to protect the workers' health and safety.

Legal basis: Act on the Employment of Foreign Workers, Article 22-2; Enforcement Decree of the Act on the Employment of Foreign Workers, Article 26-2

Wages & working conditions 5

QDo I have to pay the minimum wage to foreign workers?

Yes. The Minimum Wage Act applies to every workplace that employs workers, and there is no exception based on nationality (businesses employing only cohabiting relatives, domestic workers and seafarers under the Seafarers' Act are excluded). Employers may not discriminate in working conditions based on nationality and may not unfairly discriminate against workers because they are foreign workers.

Legal basis: Minimum Wage Act, Article 3; Labor Standards Act, Article 6; Act on the Employment of Foreign Workers, Article 22

QCan the company keep a foreign worker's passport or alien registration card?

Not for the purpose of securing the employment contract or a debt. The Immigration Act prohibits anyone from receiving a foreign national's passport or alien registration card as a means of securing an employment-related contract or the performance of an obligation, or from forcing or arranging such provision, and a violation is punishable by imprisonment of up to 3 years or a fine of up to 30,000,000 won. An employer keeping a passport or registration card to prevent the worker from quitting or leaving the workplace is also aimed at securing performance of the contract and may fall under this prohibition. Foreign nationals aged 17 or older must always carry their passport or alien registration card, so the originals should stay with the worker.

Legal basis: Immigration Act, Article 27(1), Article 33-3, Item 1 and Article 94, Item 19

QWhen a foreign worker resigns or returns home, by when must wages and severance pay be settled?

All money owed, including wages, compensation and severance pay, must be paid within 14 days from the date of retirement. The payment date can be extended by agreement with the worker if there are special circumstances, but delaying without agreement violates the duty to settle money owed. Where a departure guarantee insurance is in place, as for E-9 (Non-professional Employment) workers, the insurer pays the insurance money within 14 days of departure, and if that amount is less than the statutory severance pay, the employer must pay the difference.

Legal basis: Labor Standards Act, Article 36; Employee Retirement Benefit Security Act, Article 9(1); Act on the Employment of Foreign Workers, Article 13(1) to (3); Enforcement Decree of the same Act, Article 21

QCan a foreign worker be paid less than the minimum wage during a probationary period?

Only if all conditions are met. For a worker on a labor contract of 1 year or longer who is within 3 months from the start of probation, the minimum wage can be set at up to 10% less than the hourly minimum wage. However, workers in simple labor occupations designated by the Minister of Employment and Labor cannot have their minimum wage reduced even during probation, and this rule applies equally to Korean and foreign workers regardless of nationality.

Legal basis: Minimum Wage Act, Article 5(2); Enforcement Decree of the same Act, Article 3; Labor Standards Act, Article 6

QMust foreign workers also be given weekly paid holidays and annual paid leave on the same basis?

Yes. Employers may not discriminate in working conditions based on nationality, so a foreign worker who works all scheduled days in a week must receive at least one paid holiday per week, and annual paid leave of 15 days for 80% or more attendance over a year, or 1 day for each month of perfect attendance if employed less than a year. At workplaces with 4 or fewer regular employees, the weekly paid holiday applies but annual paid leave and paid public holidays do not, and workers with fewer than 15 scheduled hours per week are not entitled to either the weekly paid holiday or annual paid leave. Workers in agriculture, forestry, livestock and fisheries are excluded from the rules on working hours, breaks and holidays, so the weekly paid holiday rule does not apply to them, but annual paid leave does.

Legal basis: Labor Standards Act, Article 6, Article 18(3), Article 55, Article 60(1) and (2), Article 63 subparagraphs 1 and 2; Enforcement Decree of the same Act, Article 7 and Annex 1, Article 30

Employment contracts & fines 3

QWhen does the employment contract of an E-9 (non-professional employment) worker take effect?

It takes effect on the day the foreign worker enters Korea. The employer signs the employment contract using the standard employment contract after obtaining the employment permit, and even if the contract was signed in advance, its effective date is the date of entry. The deadlines for the employer's departure-guarantee insurance and wage-guarantee insurance (within 15 days) and the worker's accident insurance (within 15 days) and return-cost insurance (within 3 months) are also counted from this effective date, so set the enrollment schedule based on the date of entry.

Legal basis: Act on the Employment of Foreign Workers, Article 9(1) and (5); Enforcement Decree of the same Act, Article 17(1), Article 21(2), Article 22(1), Article 27(2) and Article 28(2)

QWhat sanctions apply if an employer of foreign workers does not take out the required insurance or file employment change reports?

A fine or an administrative fine applies depending on the obligation. An employer who does not take out departure-guarantee insurance or wage-guarantee insurance faces a criminal fine of up to KRW 5 million, and failing to file or falsely filing an employment change report, not using the standard employment contract, or being late on departure-guarantee insurance premiums 3 or more times is subject to an administrative fine of up to KRW 5 million. Obstructing a foreign worker's change of workplace can be punished by imprisonment of up to 1 year or a fine of up to KRW 10 million, and an employer punished for violating this Act may also be restricted from employing foreign workers.

Legal basis: Act on the Employment of Foreign Workers, Article 20(1), Article 29 subparagraph 4, Article 30 and Article 32(1)1, 5 and 7

QDo I have to give advance notice to dismiss a foreign worker during the contract period?

Yes. Because working conditions may not be discriminated against based on nationality, a foreign worker must be given at least 30 days' notice of dismissal, and if no notice is given, at least 30 days' ordinary wages must be paid. Exceptions include cases where the worker has worked continuously for less than 3 months or where the business cannot continue due to natural disasters or similar events, and at workplaces with 5 or more regular employees, the dismissal takes effect only if the reason and timing are notified in writing. If you terminate the employment contract of a worker hired under the Employment Permit System, you must also file an employment change report with the Job Center within 15 days from the date the reason arose.

Legal basis: Labor Standards Act, Article 6, Article 26, Article 27; Enforcement Decree of the same Act, Article 7 and Annex 1; Act on the Employment of Foreign Workers, Article 17(1)

Contact

Hwang Yunsang Administrative Office, at POSCO Tower Songdo in Incheon, prepares and files administrative documents and explains procedures. Even similar situations can proceed differently depending on the decision, deadlines and documents you hold, so please contact us with the documents you received.

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Statutory provisions were checked against the official Korean legislation database as of September 2026. Requirements, documents and deadlines for an individual case can differ by agency and circumstances, so please confirm before proceeding.